Jerry and Patricia A. Dixon, et al. - Page 129

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          that intention.  In a telephone call with Bakutes on June 10,               
          1992, DeCastro himself conceded that the refunds were intended as           
          a means of paying his fees.                                                 
               Although we recognize that the payment of DeCastro’s fees              
          was an essential element of the Thompsons’ settlement of their              
          1979-1981 deficiencies, it does not follow that respondent’s                
          characterization of that settlement (20-percent reduction in                
          deficiencies plus payment of attorney’s fees) must prevail.  From           
          a practical standpoint, respondent overlooks the fact that the              
          refunds generated by the reduction in deficiencies exceeded the             
          legal fees they were intended to defray.  More importantly,                 
          inasmuch as the Court of Appeals has taken us to task for twice             
          failing “to equitably resolve” a situation in which respondent’s            
          attorneys committed fraud on the court, we believe respondent               
          should be held to the form of the new settlement.  That is, we do           
          not think it appropriate to define the Thompsons’ settlement of             
          their 1979-1981 deficiencies only by reference to its asserted              
          substance, which would require respondent to reduce the proposed            
          deficiencies of the affected taxpayers by only 20 percent (this             
          would be the practical effect, because, although respondent would           
          also be required to reimburse the affected taxpayers for                    
          attorney’s fees, none of the affected taxpayers paid any such               









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